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Back Surgery Lawyers

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Back Surgery Lawyers

Back surgery is an operation to change a patient’s anatomy, such as removing a herniated disc or straightening the spine. The goal of back surgery is to relieve pain a patient experiences in their back because of a birth defect or injury. The surgery is an option for a patient who continues to experience pain after several months of undergoing non-surgical treatment options. However, the surgery is never done to look for possible causes of back pain, as such surgery would likely be deemed unnecessary surgery.

What Are the Benefits of Undergoing Back Surgery?

Of course, the main reason for undergoing this type of surgery is to eliminate or decrease pain. The surgery also has other benefits, such as:

  • Better physical health
  • Increased physical activity and range of motion
  • Increased work productivity
  • Ability to return to work
  • Lowered need for medications

Are There Any Risks Associated with Back Surgery?

Yes. Like any surgery, back surgery does have risks, including:

  • Bleeding
  • Reaction to drugs given during surgery such as anesthesia
  • Infection
  • Blood clot
  • Stroke
  • Heart attack
  • Nerve damage, which can result in additional pain, loss of bladder control, or paralysis
  • Recurrent herniated disks

Can Medical Malpractice Occur during Back Surgery?

Yes. Medical malpractice can happen during back surgery if the surgeon is negligent while performing the surgery. Negligence in the context of medical malpractice refers to the surgeon performing the procedure a way that is inconsistent with the standard of medical care required by law and the medical community. The substandard medical care harms the patient instead of helping them. This type of medical negligence includes:

  • Performing the wrong type of back operation on the patient
  • Failing to remove medical equipment from the surgical incision
  • Leaving the back wound untreated
  • Prescribing the wrong medication or the right medication in the wrong dosage

What Will I Need to Prove to Win a Medical Malpractice Claim?

A plaintiff suing for medical malpractice for a botched back surgery must prove:

  • The surgeon owed the patient a duty to protect them from unnecessary harm related to the surgery
  • The surgeon violated that duty before, during, or after the back surgery
  • The surgeon’s violation of that duty was both the proximate and actual cause of the injury
  • The plaintiff suffered quantifiable damages, such as needing additional surgery or increased recovery time

Should I Contact an Attorney about Back Surgery Malpractice?

Back surgery should improve your back and your life. If that is not the case because your surgeon was negligent during your surgery, then you should be compensated for it. You absolutely should contact a personal injury attorney if you were injured as a result of back surgery.

Photo of page author Taelonnda Sewell

, LegalMatch Legal Writer

Last Modified: 03-03-2017 10:47 AM PST

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